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Habitat Restoration Sciences Inc; 2021-08-03; PSA22-1553TRAN
PSA22-1553TRAN City Attorney Approved Version 6/12/18 1 AGREEMENT FOR AGUA HEDIONDA CHANNEL MAINTENANCE SERVICES HABITAT RESTORATION SCIENCES INC. THIS AGREEMENT is made and entered into as of the ______________ day of _________________________, 2021, by and between the City of Carlsbad, a municipal corporation, ("City"), and Habitat Restoration Sciences Inc., a California corporation, ("Contractor"). RECITALS A. City requires the professional services of a consultant that is experienced in vegetation maintenance. B. Contractor has the necessary experience in providing professional services and advice related to vegetation maintenance. C. Contractor has submitted a proposal to City and has affirmed its willingness and ability to perform such work. NOW, THEREFORE, in consideration of these recitals and the mutual covenants contained herein, City and Contractor agree as follows: 1. SCOPE OF WORK City retains Contractor to perform, and Contractor agrees to render, those services (the "Services") that are defined in attached Exhibit "A", which is incorporated by this reference in accordance with this Agreement’s terms and conditions. 2. STANDARD OF PERFORMANCE While performing the Services, Contractor will exercise the reasonable professional care and skill customarily exercised by reputable members of Contractor's profession practicing in the Metropolitan Southern California Area, and will use reasonable diligence and best judgment while exercising its professional skill and expertise. 3. TERM The term of this Agreement will be effective for a period of three (3) years from the date first above written. 4. TIME IS OF THE ESSENCE Time is of the essence for each and every provision of this Agreement. 5. COMPENSATION The total fee payable for the Services to be performed during the initial Agreement term will be thirty-four thousand five hundred dollars for Year 1 (August 2021 to August 2022) thirty-four thousand five hundred dollars for Year 2 (August 2022 to August 2023) thirty-four thousand five hundred dollars for Year 3 (August 2023 to August 2024) to bring the total Agreement amount to not-to-exceed one hundred three thousand five hundred dollars ($103,500). No other compensation for the Services will be allowed except for items covered by subsequent amendments to this Agreement. The City reserves the right to withhold a ten percent (10%) retention until City has accepted the work and/or Services specified in Exhibit "A". Incremental payments, if applicable, should be made as outlined in attached Exhibit "A". DocuSign Envelope ID: A5495A38-37E9-4E3C-A25E-EE5A457F95C4 3rd August PSA22-1553TRAN City Attorney Approved Version 6/12/18 2 6. PREVAILING WAGE RATES Any construction, alteration, demolition, repair, and maintenance work, including work performed during design and preconstruction such as inspection and land surveying work, cumulatively exceeding $1,000 and performed under this Agreement are subject to state prevailing wage laws. The general prevailing rate of wages, for each craft or type of worker needed to execute the contract, shall be those as determined by the Director of Industrial Relations pursuant to the Section 1770, 1773 and 1773.1 of the California Labor Code. Pursuant to Section 1773.2 of the California Labor code, a current copy of applicable wage rates is on file in the office of the City Engineer. Contractor shall not pay less than the said specified prevailing rates of wages to all such workers employed by him or her in the execution of the Agreement. Contractor and any subcontractors shall comply with Section 1776 of the California Labor Code, which generally requires keeping accurate payroll records, verifying and certifying payroll records, and making them available for inspection. Contractor shall require any subcontractors to comply with Section 1776. 7. STATUS OF CONTRACTOR Contractor will perform the Services in Contractor's own way as an independent contractor and in pursuit of Contractor's independent calling, and not as an employee of City. Contractor will be under control of City only as to the result to be accomplished but will consult with City as necessary. The persons used by Contractor to provide services under this Agreement will not be considered employees of City for any purposes. The payment made to Contractor pursuant to the Agreement will be the full and complete compensation to which Contractor is entitled. City will not make any federal or state tax withholdings on behalf of Contractor or its agents, employees or subcontractors. City will not be required to pay any workers' compensation insurance or unemployment contributions on behalf of Contractor or its employees or subcontractors. Contractor agrees to indemnify City within thirty (30) days for any tax, retirement contribution, social security, overtime payment, unemployment payment or workers' compensation payment which City may be required to make on behalf of Contractor or any agent, employee, or subcontractor of Contractor for work done under this Agreement. At the City’s election, City may deduct the indemnification amount from any balance owing to Contractor. 8. SUBCONTRACTING Contractor will not subcontract any portion of the Services without prior written approval of City. If Contractor subcontracts any of the Services, Contractor will be fully responsible to City for the acts and omissions of Contractor's subcontractor and of the persons either directly or indirectly employed by the subcontractor, as Contractor is for the acts and omissions of persons directly employed by Contractor. Nothing contained in this Agreement will create any contractual relationship between any subcontractor of Contractor and City. Contractor will be responsible for payment of subcontractors. Contractor will bind every subcontractor and every subcontractor of a subcontractor by the terms of this Agreement applicable to Contractor's work unless specifically noted to the contrary in the subcontract and approved in writing by City. 9. OTHER CONTRACTORS The City reserves the right to employ other Contractors in connection with the Services. 10. INDEMNIFICATION Contractor agrees to indemnify and hold harmless the City and its officers, officials, employees and volunteers from and against all claims, damages, losses and expenses including attorney’s fees arising out of the performance of the work described herein caused by any negligence, DocuSign Envelope ID: A5495A38-37E9-4E3C-A25E-EE5A457F95C4 PSA22-1553TRAN City Attorney Approved Version 6/12/18 3 recklessness, or willful misconduct of the Contractor, any subcontractor, anyone directly or indirectly employed by any of them or anyone for whose acts any of them may be liable. The parties expressly agree that any payment, attorney’s fee, costs or expense City incurs or makes to or on behalf of an injured employee under the City’s self-administered workers’ compensation is included as a loss, expense or cost for the purposes of this section, and that this section will survive the expiration or early termination of this Agreement. 11. INSURANCE Contractor will obtain and maintain for the duration of the Agreement and any and all amendments, insurance against claims for injuries to persons or damage to property which may arise out of or in connection with performance of the services by Contractor or Contractor’s agents, representatives, employees or subcontractors. The insurance will be obtained from an insurance carrier admitted and authorized to do business in the State of California. The insurance carrier is required to have a current Best's Key Rating of not less than "A-:VII"; OR with a surplus line insurer on the State of California’s List of Approved Surplus Line Insurers (LASLI) with a rating in the latest Best’s Key Rating Guide of at least “A:X”; OR an alien non-admitted insurer listed by the National Association of Insurance Commissioners (NAIC) latest quarterly listings report. 11.1 Coverage and Limits. Contractor will maintain the types of coverage and minimum limits indicated below, unless the Risk Manager or City Manager approves a lower amount. These minimum amounts of coverage will not constitute any limitations or cap on Contractor's indemnification obligations under this Agreement. City, its officers, agents and employees make no representation that the limits of the insurance specified to be carried by Contractor pursuant to this Agreement are adequate to protect Contractor. If Contractor believes that any required insurance coverage is inadequate, Contractor will obtain such additional insurance coverage, as Contractor deems adequate, at Contractor's sole expense. The full limits available to the named insured shall also be available and applicable to the City as an additional insured. 11.1.1 Commercial General Liability (CGL) Insurance. Insurance written on an “occurrence” basis, including personal & advertising injury, with limits no less than $2,000,000 per occurrence. If a general aggregate limit applies, either the general aggregate limit shall apply separately to this project/location or the general aggregate limit shall be twice the required occurrence limit. 11.1.2 Automobile Liability. (if the use of an automobile is involved for Contractor's work for City). $2,000,000 combined single-limit per accident for bodily injury and property damage. 11.1.3 Workers' Compensation and Employer's Liability. Workers' Compensation limits as required by the California Labor Code. Workers' Compensation will not be required if Contractor has no employees and provides, to City's satisfaction, a declaration stating this. 11.1.4 Professional Liability. Errors and omissions liability appropriate to Contractor’s profession with limits of not less than $1,000,000 per claim. Coverage must be maintained for a period of five years following the date of completion of the work. 11.2 Additional Provisions. Contractor will ensure that the policies of insurance required under this Agreement contain, or are endorsed to contain, the following provisions: DocuSign Envelope ID: A5495A38-37E9-4E3C-A25E-EE5A457F95C4 PSA22-1553TRAN City Attorney Approved Version 6/12/18 4 11.2.1 The City will be named as an additional insured on Commercial General Liability which shall provide primary coverage to the City. 11.2.2 Contractor will obtain occurrence coverage, excluding Professional Liability, which will be written as claims-made coverage. 11.2.3 This insurance will be in force during the life of the Agreement and any extensions of it and will not be canceled without thirty (30) days prior written notice to City sent by certified mail pursuant to the Notice provisions of this Agreement. 11.3 Providing Certificates of Insurance and Endorsements. Prior to City's execution of this Agreement, Contractor will furnish certificates of insurance and endorsements to City. 11.4 Failure to Maintain Coverage. If Contractor fails to maintain any of these insurance coverages, then City will have the option to declare Contractor in breach, or may purchase replacement insurance or pay the premiums that are due on existing policies in order to maintain the required coverages. Contractor is responsible for any payments made by City to obtain or maintain insurance and City may collect these payments from Contractor or deduct the amount paid from any sums due Contractor under this Agreement. 11.5 Submission of Insurance Policies. City reserves the right to require, at any time, complete and certified copies of any or all required insurance policies and endorsements. 12. BUSINESS LICENSE Contractor will obtain and maintain a City of Carlsbad Business License for the term of the Agreement, as may be amended from time-to-time. 13. ACCOUNTING RECORDS Contractor will maintain complete and accurate records with respect to costs incurred under this Agreement. All records will be clearly identifiable. Contractor will allow a representative of City during normal business hours to examine, audit, and make transcripts or copies of records and any other documents created pursuant to this Agreement. Contractor will allow inspection of all work, data, documents, proceedings, and activities related to the Agreement for a period of three (3) years from the date of final payment under this Agreement. 14. OWNERSHIP OF DOCUMENTS All work product produced by Contractor or its agents, employees, and subcontractors pursuant to this Agreement is the property of City. In the event this Agreement is terminated, all work product produced by Contractor or its agents, employees and subcontractors pursuant to this Agreement will be delivered at once to City. Contractor will have the right to make one (1) copy of the work product for Contractor’s records. 15. COPYRIGHTS Contractor agrees that all copyrights that arise from the services will be vested in City and Contractor relinquishes all claims to the copyrights in favor of City. 16. NOTICES The name of the persons who are authorized to give written notice or to receive written notice on behalf of City and on behalf of Contractor under this Agreement. DocuSign Envelope ID: A5495A38-37E9-4E3C-A25E-EE5A457F95C4 PSA22-1553TRAN City Attorney Approved Version 6/12/18 5 For City For Contractor Name Daniel Zimny Name Kyle Matthews Title Associate Engineer Title Project Manager Department Public Works Address 1217 Distribution Way City of Carlsbad Vista, CA 92081 Address 1635 Faraday Avenue Phone No. 760-691-3924 Carlsbad, California 92008 Email kmatthews@hrs.dudek.com Phone No. 760-331-7399 Each party will notify the other immediately of any changes of address that would require any notice or delivery to be directed to another address. 17. CONFLICT OF INTEREST Contractor shall file a Conflict of Interest Statement with the City Clerk in accordance with the requirements of the City of Carlsbad Conflict of Interest Code. The Contractor shall report investments or interests in all four categories. Yes No 18. GENERAL COMPLIANCE WITH LAWS Contractor will keep fully informed of federal, state and local laws and ordinances and regulations which in any manner affect those employed by Contractor, or in any way affect the performance of the Services by Contractor. Contractor will at all times observe and comply with these laws, ordinances, and regulations and will be responsible for the compliance of Contractor's services with all applicable laws, ordinances and regulations. Contractor will be aware of the requirements of the Immigration Reform and Control Act of 1986 and will comply with those requirements, including, but not limited to, verifying the eligibility for employment of all agents, employees, subcontractors and consultants whose services are required by this Agreement. 19. DISCRIMINATION AND HARASSMENT PROHIBITED Contractor will comply with all applicable local, state and federal laws and regulations prohibiting discrimination and harassment. 20. DISPUTE RESOLUTION If a dispute should arise regarding the performance of the Services, the following procedure will be used to resolve any questions of fact or interpretation not otherwise settled by agreement between the parties. Representatives of Contractor or City will reduce such questions, and their respective views, to writing. A copy of such documented dispute will be forwarded to both parties involved along with recommended methods of resolution, which would be of benefit to both parties. The representative receiving the letter will reply to the letter along with a recommended method of resolution within ten (10) business days. If the resolution thus obtained is unsatisfactory to the aggrieved party, a letter outlining the disputes will be forwarded to the City Manager. The City Manager will consider the facts and solutions recommended by each party and may then opt to direct a solution to the problem. In such cases, the action of the City Manager will be binding DocuSign Envelope ID: A5495A38-37E9-4E3C-A25E-EE5A457F95C4 PSA22-1553TRAN City Attorney Approved Version 6/12/18 6 upon the parties involved, although nothing in this procedure will prohibit the parties from seeking remedies available to them at law. 21. TERMINATION In the event of the Contractor's failure to prosecute, deliver, or perform the Services, City may terminate this Agreement for nonperformance by notifying Contractor by certified mail of the termination. If City decides to abandon or indefinitely postpone the work or services contemplated by this Agreement, City may terminate this Agreement upon written notice to Contractor. Upon notification of termination, Contractor has five (5) business days to deliver any documents owned by City and all work in progress to City address contained in this Agreement. City will make a determination of fact based upon the work product delivered to City and of the percentage of work that Contractor has performed which is usable and of worth to City in having the Agreement completed. Based upon that finding City will determine the final payment of the Agreement. Either party upon tendering thirty (30) days written notice to the other party may terminate this Agreement. In this event and upon request of City, Contractor will assemble the work product and put it in order for proper filing and closing and deliver it to City. Contractor will be paid for work performed to the termination date; however, the total will not exceed the lump sum fee payable under this Agreement. City will make the final determination as to the portions of tasks completed and the compensation to be made. 22. COVENANTS AGAINST CONTINGENT FEES Contractor warrants that Contractor has not employed or retained any company or person, other than a bona fide employee working for Contractor, to solicit or secure this Agreement, and that Contractor has not paid or agreed to pay any company or person, other than a bona fide employee, any fee, commission, percentage, brokerage fee, gift, or any other consideration contingent upon, or resulting from, the award or making of this Agreement. For breach or violation of this warranty, City will have the right to annul this Agreement without liability, or, in its discretion, to deduct from the Agreement price or consideration, or otherwise recover, the full amount of the fee, commission, percentage, brokerage fees, gift, or contingent fee. 23. CLAIMS AND LAWSUITS By signing this Agreement, Contractor agrees that any Agreement claim submitted to City must be asserted as part of the Agreement process as set forth in this Agreement and not in anticipation of litigation or in conjunction with litigation. Contractor acknowledges that if a false claim is submitted to City, it may be considered fraud and Contractor may be subject to criminal prosecution. Contractor acknowledges that California Government Code sections 12650 et seq., the False Claims Act applies to this Agreement and, provides for civil penalties where a person knowingly submits a false claim to a public entity. These provisions include false claims made with deliberate ignorance of the false information or in reckless disregard of the truth or falsity of information. If City seeks to recover penalties pursuant to the False Claims Act, it is entitled to recover its litigation costs, including attorney's fees. Contractor acknowledges that the filing of a false claim may subject Contractor to an administrative debarment proceeding as the result of which Contractor may be prevented to act as a Contractor on any public work or improvement for a period of up to five (5) years. Contractor acknowledges debarment by another jurisdiction is grounds for City to terminate this Agreement. 24. JURISDICTION AND VENUE Any action at law or in equity brought by either of the parties for the purpose of enforcing a right or rights provided for by this Agreement will be tried in a court of competent jurisdiction in the DocuSign Envelope ID: A5495A38-37E9-4E3C-A25E-EE5A457F95C4 PSA22-1553TRAN City Attorney Approved Version 6/12/18 7 County of San Diego, State of California, and the parties waive all provisions of law providing for a change of venue in these proceedings to any other county. 25. SUCCESSORS AND ASSIGNS It is mutually understood and agreed that this Agreement will be binding upon City and Contractor and their respective successors. Neither this Agreement nor any part of it nor any monies due or to become due under it may be assigned by Contractor without the prior consent of City, which shall not be unreasonably withheld. 26. ENTIRE AGREEMENT This Agreement, together with any other written document referred to or contemplated by it, along with the purchase order for this Agreement and its provisions, embody the entire Agreement and understanding between the parties relating to the subject matter of it. In case of conflict, the terms of the Agreement supersede the purchase order. Neither this Agreement nor any of its provisions may be amended, modified, waived or discharged except in a writing signed by both parties. /// /// /// /// /// /// /// /// /// /// /// /// /// /// /// /// /// /// DocuSign Envelope ID: A5495A38-37E9-4E3C-A25E-EE5A457F95C4 PSA22-1553TRAN City Attorney Approved Version 6/12/18 8 27. AUTHORITY The individuals executing this Agreement and the instruments referenced in it on behalf of Contractor each represent and warrant that they have the legal power, right and actual authority to bind Contractor to the terms and conditions of this Agreement. CONTRACTOR CITY OF CARLSBAD, a municipal corporation of the State of California HABITAT RESTORATION SCIENCES INC., a California corporation By: By: (sign here) Paz Gomez, Deputy City Manager, Public Works, as authorized by the City Manager Robert Kyle Matthews, Vice President (print name/title) By: (sign here) Cynthia Thompson, Secretary (print name/title) If required by City, proper notarial acknowledgment of execution by contractor must be attached. If a corporation, Agreement must be signed by one corporate officer from each of the following two groups. Group A Group B Chairman, Secretary, President, or Assistant Secretary, Vice-President CFO or Assistant Treasurer Otherwise, the corporation must attach a resolution certified by the secretary or assistant secretary under corporate seal empowering the officer(s) signing to bind the corporation. APPROVED AS TO FORM: CELIA A. BREWER, City Attorney BY: _____________________________ Assistant City Attorney DocuSign Envelope ID: A5495A38-37E9-4E3C-A25E-EE5A457F95C4 PSA22-1553TRAN City Attorney Approved Version 6/12/18 9 EXHIBIT “A” SCOPE OF SERVICES DocuSign Envelope ID: A5495A38-37E9-4E3C-A25E-EE5A457F95C4 2021-113 1 July 2021 1217 DISTRIBUTION WAY VISTA, CALIFORNIA 92081 T 760.479.4210 F 760.479.4190 July 13, 2021 2021-113 Daniel Zimny, PE, QSD City of Carlsbad Public Works Department 1635 Faraday Avenue Carlsbad, CA 92008 Subject: Proposal for Agua Hedionda Creek Channel Vegetation Maintenance 2021-2024 Dear Mr. Zimny, Habitat Restoration Sciences, Inc. (HRS) is providing this proposal for ongoing maintenance services for the Agua Hedionda Creek channel. This work will take place within the creek channel between Cannon Road and El Camino Real Bridges in Carlsbad, CA as shown in the attached figure. The cost estimate and scope of work are provided below. 1 Scope of Work HRS will provide all labor, equipment, and materials necessary to perform three total channel vegetation clearings and one non-native herbicide spot treatment/trash removal event on an annual basis. Annual maintenance will be for a three-year term starting in September 2021 and concluding by the CDFW Lake and Streambed Alteration Agreement Notification No. 1600-2013-0302-R5 permit expiration date of August 15, 2024. All work will be performed in accordance with the permit conditions. The first of the three annual channel vegetation clearings events will be performed at the conclusion of bird nesting season (after September 15), the second event in mid-November, and the third event before the start of bird breeding/nesting season (before February 15) of each year. The one non-native herbicide spot treatment/trash removal event will be performed during bird breeding season. All materials removed from the site will be off-hauled and disposed of in an appropriate manner. HRS will provide daily work reports and photos for each monthly maintenance event to the City of Carlsbad. 2 Cost Estimate ITEM NO. DESCRIPTION TERM PRICE 1 Annual Channel Vegetation Clearing (3 visits) and Non-native Herbicide Spot Treatment and Trash Removal (1 event) YEAR 1 September 2021 through August 2022 $34,500.00 1 Annual Channel Vegetation Clearing (3 visits) and Non-native Herbicide Spot Treatment and Trash Removal (1 event) YEAR 2 September 2022 through August 2023 $34,500.00 DocuSign Envelope ID: A5495A38-37E9-4E3C-A25E-EE5A457F95C4 Mr. Daniel Zimny Subject: Proposal for Agua Hedionda Creek Channel Vegetation Maintenance 2021-2024 2021-113 2 July 2021 2 Annual Channel Vegetation Clearing (3 visits) and Non-native Herbicide Spot Treatment and Trash Removal (1 event) YEAR 3 September 2023 through August 2024 $34,500.00 TOTAL $103,500.00 All fees will be billed on a time and materials basis based on the 2021 HRS Schedule of Charges and invoiced upon completion of the work. The total cost for this phase of the work is $103,500.00. This total for this phase of the work would not be exceeded without client approval. Assumptions: HRS assumes State DIR Prevailing Wages Maintenance Rates apply to this project. HRS understands that all channel clearing activities shall be performed outside the breeding/nesting bird season (September 15 through February 15). Services as described in agreement are to be completed by August 15, 2024. Exclusions: This proposal does not include permit fees, water costs, water meter fees, hazardous materials removal, coring, boring, or breaking. HRS excludes cost of development of SWPPP plan and any QSD/QSP services. Thank you for the opportunity to propose on these services. This cost estimate is good for 30 days from the date on the proposal. If you have any questions regarding this scope of work, you can contact Kyle Matthews via email at kmatthews@hrs.dudek.com or his cell phone at (760) 310-4512. I can be reached through e-mail at kdisabatino@hrs.dudek.com and by phone at (760) 479-4210. Sincerely, ____________________________________ ____________________________________ Kevin DiSabatino, President Robert Kyle Matthews, Vice President Habitat Restoration Contractor License A & C-27 #842661 DocuSign Envelope ID: A5495A38-37E9-4E3C-A25E-EE5A457F95C4 Mr. Daniel Zimny Subject: Proposal for Agua Hedionda Creek Channel Vegetation Maintenance 2021-2024 2021-113 3 July 2021 DocuSign Envelope ID: A5495A38-37E9-4E3C-A25E-EE5A457F95C4 Habitat Restoration Sciences, Inc. 2021 State Prevailing Wage Standard Schedule of Charges Effective January 1, 2021 Updated: 12/3/2020 Professional & Management Personnel Habitat Management Coordinator/Principal ........................................................................................................ $210.00/hr Senior Project Manager ....................................................................................................................................... $160.00/hr Senior Habitat Restoration Specialist .................................................................................................................. $130.00/hr Habitat Restoration Specialist .............................................................................................................................. $100.00/hr Administration/Clerical Support ............................................................................................................................ $65.00/hr Construction Prevailing Wage Classifications: Landscape Operating Engineer/Teamster ............................................................................................................ $165.00/hr Landscape Irrigation Laborer .............................................................................................................................. $145.00/hr Landscape Hydro Seeder ..................................................................................................................................... $145.00/hr Construction Laborer ........................................................................................................................................... $145.00/hr Landscape Irrigation Tender .................................................................................................................................. $65.00/hr Maintenance Prevailing Wage Classifications: Landscape Supervisor/Project Manager .............................................................................................................. $135.00/hr Landscape Assistant Supervisor .......................................................................................................................... $110.00/hr Foreman ................................................................................................................................................................. $90.00/hr Assistant Foreman ................................................................................................................................................. $75.00/hr Skilled Laborer (QAL, 5+ Years’ Experience) ..................................................................................................... $55.00/hr Landscape Maintenance Laborer ........................................................................................................................... $45.00/hr Equipment/Vehicles Truck Usage ...................................................................................................................................................... $125.00/day Water Trailer/Buffalo ..........................................................................................................................................$75.00/day Dump Trailer .................................................................................................................................................... $100.00/day GPS Unit ..............................................................................................................................................................$90.00/day Quad/Mule ........................................................................................................................................................ $100.00/day ATV with Spray Rig ......................................................................................................................................... $150.00/day Boat / Kubota Zero Turn Mower ...................................................................................................................... $225.00/day Dingo Equipment/Tractor ................................................................................................................................. $450.00/day CAT / 906 Loader, Excavator (305.5 or smaller), Skid Steer, etc. ................................................................... $450.00/day John Deere 450 Dozer / CAT 299 Track Steer (steel track) ............................................................................. $540.00/day CAT 308 Excavator .......................................................................................................................................... $600.00/day CAT D5 Dozer .................................................................................................................................................. $700.00/day CAT 315 Excavator .......................................................................................................................................... $850.00/day Water Truck / Dump Truck .............................................................................................................................. $450.00/day Chipper / Hydroseeder ...................................................................................................................................... $450.00/day Masticator Attachment...................................................................................................................................... $300.00/day Roll-off Truck ........................................................................................................................ $600.00/day plus tipping fees Emergency and Holidays – Minimum charge of two hours will be billed at 1.5 times the normal rate. Sundays are double time at 2.0 times normal rate. Material and Outside Services – Herbicides, subcontractors, rental of special equipment, special fencing or signage materials, etc., are charged at 1.15 times the direct cost. Travel Expenses –Per Diem where overnight stay is involved is charged at cost. DocuSign Envelope ID: A5495A38-37E9-4E3C-A25E-EE5A457F95C4 DocuSign Envelope ID: A5495A38-37E9-4E3C-A25E-EE5A457F95C4 State of California -Natural Resources Agency DEPARTMENT OF FISH AND WILDLIFE South Coast Region 3883 Ruffin Road San Diego, CA 92123 (858) 467-4201 www.wildlife.ca.gov August 28, 2019 Mr. Daniel Zimny City of Carlsbad Public Works Department 1635 Faraday Avenue Carlsbad, California 92008 Dear Mr. Zimny: GA VIN NEWSOM, Governor CHARLTON H. BONHAM, Director Extension of Lake or Streambed Alteration Agreement, Notification No. 1600- 2013-0302-RS, Agua Hedionda Vegetation Maintenance Project The California Department of Fish and Wildlife (Department) received your request to extend Lake or Streambed Alteration Agreement (Agreement) and extension fee, for the above referenced agreement. The Department hereby grants your request to extend the Agreement expiration from August 15, 2019 to August 15, 2024. All other conditions in the original Agreement remain in effect. Copies of the original Agreement and this letter must be readily available at project worksites and must be presented when requested by a Department representative or other agency with inspection authority. If you have any questions regarding this letter, please contact Kelly Fisher at (858) 467- 4207 or kelly.fisher@wildlife.ca.gov. Gail K. Sevrens Environmental Program Manager Conserving Ca{ifornia's WiU{ife Since 1870 DocuSign Envelope ID: A5495A38-37E9-4E3C-A25E-EE5A457F95C4..., ....... VI VtallllVIIIICI -l'ICllUldl l"'\t:::SUUll;e:S /-\gency EDMUND G. BROWN, Jr., Governor DEPARTMENT OF FISH AND WILDLIFE South' Coast Region CHARLTON H. BONHAM, Director 3883 Ruffin Road San Diego, California 92123 (858) 467-4201 www.wildlife.ca.gov September 5, 2014 Ms. Sherri Howard City of Carlsbad 1635 Faraday Avenue Carlsbad, California 92008 Subject: Final Lake or Streambed Alteration Agreement Notification No. 1600-2013-0302-RS Agua Hedionda Vegetation Maintenance Project Dear Ms. Howard: SEP 9 2014 Enclosed is the final Streambed Alteration Agreement (Agreement) for the Agua Hedionda Vegetation Maintenance Project (Project). Before the California Department of Fish and Wildlife (Department) may issue an Agreement, it must comply with the California Environmental Quality Act (CEQA). In this case, the Department, acting as a responsible agency, filed a notice of determination (NOD) on the same date it signed the Agreement. The NOD was based on information contained in the final Environmental Impact Report the lead agency prepared for the Project. Under CEQA, filing a NOD starts a 30-day period within which a party may challenge the filing agency's approval of the project. You may begin your project before the 30-day period expires if you have obtain~d all necessary local, state, and federal permits or other authorizations. However, if you elect to do so, it will be at your own risk. If you have any questions regarding this matter, please contact Kevin Hupf, Environmental Scientist at (858) 467-4223 or kevin.hupf@wildlife.ca.gov. J:j;;~t, Jdv: Gail K. Sevrens Environmental Program Manager Conserving Ca{ifomia 's 'WiU{ife Since 1870 DocuSign Envelope ID: A5495A38-37E9-4E3C-A25E-EE5A457F95C4CALIFORNIA DEPARTMENT OF FISH AND WILDLIFE SOUTH COAST REGION 3883 RUFFIN ROAD SAN DIEGO, CALIFORNIA 92123 STREAMBED ALTERATION AGREEMENT NOTIFICATION No. 1600-2013-0302-R5 AGUA HEDIONDA CREEK CITY OF CARLSBAD AGUA HEDIONDA VEGETATION MAINTENANCE PROJECT This Streambed Alteration Agreement (Agreement) is entered into between the California Department of Fish and Wildlife (CDFW) and the City of Carlsbad (Permittee) as represented by Sherri Howard. RECITALS WHEREAS, pursuant to Fish and Game Code (FGC) section 1602, Permittee notified CDFW on December 30, 2013, that the Permittee intends to complete the project described herein. WHEREAS, pursuant to FGC section 1603, CDFW has determined that the project could substantially adversely affect existing fish or wildlife resources and has included measures in the Agreement necessary to protect those resources. WHEREAS, Permittee has reviewed the Agreement and accepts its terms and conditions, including the measures to protect fish and wildlife resources. NOW THEREFORE, Permittee agrees to complete the project in accordance with the Agreement. PROJECT LOCATION The project is located within Agua Hedionda Creek, in the City of Carlsbad, County of San Diego; Latitude 33.148951, Longitude-117.29732; U.S. Geological Survey (USGS) 7.5-minute map San Luis Rey quadrangle, Section 9, Township 12 south, Range 4 west, San Bernardino meridian; Agua Hedionda land grant. The project is located generally southeast of the intersection of El Camino Real and Cannon Road, immediately upstream of Agua Hedionda Lagoon Ecological Reserve. PROJECT DESCRIPTION The project is limited to vegetation management and vegetation maintenance activities within Agua Hedionda Creek between Cannon Road and El Camino Real bridges. The entire impact area is within an area previously disturbed as a part of the Agua Hedionda DocuSign Envelope ID: A5495A38-37E9-4E3C-A25E-EE5A457F95C4Notification #1600-2013-0302-RS Streambed Alteration Agreement Page 2 of 14 Channel Emergency Dredge Project, Streambed Alteration Agreement 1600-2006-0060-R5. Vegetation will be removed using hand tools, heavy equipment will not be operated within the bed, banks, or channel of the stream. Vegetation on the banks of the stream outside the 0.50-acre maintenance area will not be removed. PROJECT IMPACTS Existing fish or wildlife resources the project could substantially adversely affect' include: AMPHIBIANS -arroyo toad (Bufo californicus), California treefrog (Pseudacris hypochondriaca), pacific treefrog (Pseudacris regilla); REPTILES -alligator lizard (Elgaria multicarinata webbit), western fence lizard (Sceloporus occidentalis), two-striped garter snake (Thamnophis hammondit), side-blotched lizard (Uta stansburiana); BIRDS -western scrub-jay (Aphelocoma californica), Anna's hummingbird (Ca/ypte anna), coastal cactus wren (Campylorhynchus brunneicapillus), lesser goldfinch (Carduelis psaltria), house finch (Carpodacus mexicanus), yellow warbler (Dendroica petechia), white-tailed kite (Elanus /eucurus), southwestern willow flycatcher (Empidonax trail/ii extimus), yellow-breasted chat (lcteria virens), Nuttall's woodpecker (Picoides nuttallit), California gnatcatcher (Polioptila califomica californica), light-footed clapper rail (Ral/us /ongirostris /evipes), black phoebe (Sayomis nigricans), least Bell's vireo (Vireo be/Iii pusil/us); MAMMALS -coyote (Canis latrans), striped skunk (Mephitis mephitis), raccoon (Procyon /otor), California ground squirrel (Spermophilus beecheyi), Audubon's cottontail (Sylvilagus audubonit); PLANTS -yerba mansa (Anemopsis califomica), mulefat (Baccharis salicifolia), saltgrass (Distichlis spicata), southwestern spiny rush (Juncus acutus L. ssp. Leopo/dii), western sycamore (Platanus racemosa), black willow (Salix gooddingit), arroyo willow (Salix lasiolepis), cattails (Typha spp.), other riparian/wetland vegetation which provides habitat for those species; and all other aquatic and wildlife resources in the project vicinity and other riparian/wetland vegetation which provides habitat for those species, and all other aquatic and wildlife resources in the project vicinity. The adverse effects the project could have on the fish or wildlife resources identified above include: accelerated channel scour; loss of bank stability during construction; increase of bank erosion during construction; change in composition of channel materials; restriction or increase in sediment transport; increased turbidity; increased sedimentation (chronic or episodic); short-term release of contaminants (e.g., incidental from construction); change in water temperature; loss or decline of riparian and/or emergent marsh habitat; decline of vegetative diversity; colonization by exotic plant or animal species; change in flow depth, width or velocity; loss or decline of instream woody material; disruption to nesting birds and other wildlife; change in shading or insolation leading to vegetative change; change in stream flow (Q); and loss or decline of instream channel habitat. The project will permanently impact 0.50 acre of Agua Hedionda Creek through routine vegetation management and maintenance. Of the 0.50 acre that will be permanently impacted, 0.47 acre is riparian willow forest and 0.03 acre is willow riparian scrub. DocuSign Envelope ID: A5495A38-37E9-4E3C-A25E-EE5A457F95C4Notification #1600-2013-0302-RS Streambed Alteration Agreement Page 3 of 14 MEASURES TO PROTECT FISH AND WILDLIFE RESOURCES 1. Administrative Measures Permittee shall meet each administrative requirement described below. 1.1 Documentation at Project Site. Permittee shall make the Agreement, any extensions and amendments to the Agreement, and all related notification materials and California Environmental Quality Act (CEQA) documents, readily available at the project site at all times and shall be presented to CDFW personnel, or personnel from another state, federal, or local agency upon request. 1.2 Providing Agreement to Persons at Project Site. Permittee shall provide copies of the Agreement and any extensions and amendments to the Agreement to all persons who will be working on the project at the project site on behalf of Permittee, including but not limited to contractors, subcontractors, inspectors, and monitors. 1.3 Notification of Conflicting Provisions. Permittee shall notify CDFW if Permittee determines or learns that a provision in the Agreement might conflict with a provision imposed on the project by another local, state, or federal agency. In that event, CDFW shall contact Permittee to resolve any conflict. 1.4 Project Site Entry. Permittee agrees that CDFW personnel may enter the project site at any time to verify compliance with the Agreement. 1.5 Payment of Outstanding Fees. Permittee shall submit a fee for each individual maintenance project to CDFW prior to initiation of such project. The fee shall be based on CDFW's Agreement for Routine Maintenance fees as described in the California Code of Regulations, Title 14, section 699.5. CDFW acknowledges receipt of the Routine Maintenance base fee of $1,345.25 as well as an additional $560.00 to be applied toward fees for individual maintenance projects. 2. Avoidance and Minimization Measures To avoid or minimize adverse impacts to fish and wildlife resources identified above, Permittee shall implement each measure listed below. Resource Protection 2.1 Potential Impacts to Aqua Hedionda Lagoon Ecological Reserve. The Permittee shall be responsible for correcting and mitigating all impacts to Agua Hedionda Lagoon Ecological Reserve (AHLER) that result from this project. Should CDFW, at their sole discretion determine the project work activities described in this Agreement (and any future amendments) were at fault for the loss of DocuSign Envelope ID: A5495A38-37E9-4E3C-A25E-EE5A457F95C4Notification #1600-2013-0302-RS Streambed Alteration Agreement Page 4 of 14 functions and/or values of the habitat and/or stream in AHLER, the cost of correcting the issue (including, but not limited to engineering, planning, permitting, implementation, and monitoring) will be borne solely by the Permittee to the satisfaction of CDFW. 2.2 Staging Areas. Staging/storage areas for equipment and materials shall be located outside of the stream/lake. 2.3 Construction Area Demarcation. Prior to construction, a qualified biologist shall mark the authorized construction area using data from the 2006 Agua Hedionda Channel Emergency Dredge Project at the project location. No vegetation shall be removed during construction outside of the previously impacted 0.5-acre area and no construction debris or equipment shall be placed outside of the area. 2.4 Ecologically Sensitive Areas. All native habitats outside the construction limits shall be designated as Ecologically Sensitive Areas (ESAs) on project maps. No personnel, equipment, or debris will be allowed within the ESAs. 2.5 Surveying and Monitoring. A qualified biologist shall be present during vegetation maintenance activities within 200 feet of the AHLER to ensure that maintenance activities are confined to the demarcated project footprint, and to verify compliance with measures of this Agreement. 2.6 Removal and Disposal of Non-Native Vegetation. Any non-native vegetation removed shall be disposed of legally in a manner which prevents its reestablishment and in a manner that does not negatively affect other sensitive native habitat. 2. 7 Stockpiling Removed Vegetation. Vegetation removed from the stream shall not be stockpiled in the stream bed or on its banks. All removed vegetation and debris shall be disposed of according to State and local laws and ordinances. 2.8 Native Non-Woody Vegetation. Native non-woody vegetation (e.g. cattails and sedges) shall be allowed to grow in the channel bottom between maintenance activities. Native non-woody vegetation may be cut down to a level above the current water line, and shall leave the root system intact. The use of herbicide to inhibit growth or kill cattails or sedges is prohibited. 2.9 Willow Trees. A minimum of 1 O mature willow trees shall be retained within the 0.50-acre maintenance area during any maintenance activity. The 10 willow trees that will remain shall be clearly marked by a qualified biologist and maintenance crews shall be instructed regarding the significance of the trees. Only those branches in the lower one-third of these trees and less than two inches in diameter may be pruned to accommodate project activities. Understory riparian vegetation such as blackberries, cattails, etc., may be pruned only as needed to accommodate project activities. DocuSign Envelope ID: A5495A38-37E9-4E3C-A25E-EE5A457F95C4Notification #1600-2013-0302-RS Streambed Alteration Agreement Page 5 of 14 2.10 No Grubbing of Root Zone. No vegetation shall be removed by excavation, grubbing or cutting of stems below the ground level. 2.11 Remove Invasive Vegetation by Hand. Whenever possible, invasive species shall be removed by hand or by hand tools rather than by chemical means. Where control of non-native vegetation is required within the bed, bank, or channel of the stream, the use of herbicides is necessary, and there is a possibility that the herbicides could come into contact with water, Permittee shall employ only those herbicides which are approved for aquatic use. If surfactants are required, they shall be restricted to non-ionic chemicals which are approved for aquatic use. 2.12 Hand Tools Defined. Hand tools for this Agreement are described as: shears, clippers, trimmers, and other tools carried into the stream by hand. 2.13 Herbicide Mixing. Herbicide mixing sites shall only be located in areas devoid of vegetation, and where there is no potential of a spill reaching a vegetated area or a stream, for example avoid mixing at a storm water-inlet. .2.14 Herbicide Use in Aquatic Environment. Any herbicide used where there is the possibility that the herbicide could come into direct contact with water shall be approved for use in an aquatic environment. Great care shall be taken to avoid contact with any native vegetation, and it shall only be applied on calm days to prevent airborne transfer of the herbicide. 2.15 Clean All Equipment Before Entering Stream. Permittee shall clean all equipment of soil containing seed and plant material prior to entry into the streambed to prevent the spread of invasive exotic plant species from adjacent areas or other sites where equipment may have been previously used. Wildlife and Habitat Protection 2.16 Encountered Wildlife. If any wildlife is encountered during project activities, the wildlife shall be allowed to leave the construction and/or maintenance area unharmed. If a protected species is observed, Permittee shall stop work and consult with CDFW before proceeding. 2.17 Protected Species. This Agreement does not authorize take, incidental or otherwise, of any protected species. For the purpose of this Agreement, "protected species" means the following: a species fully protected under state law; a candidate species or species listed as threatened or endangered under the California Endangered Species Act (CESA; Fish & G. Code § 2050 et seq.) and/or Endangered Species Act (ESA; 16 U.S.C. § 1531 et seq.); a species identified by CDFW as a species of special concern; or any other species for which take is prohibited under state or federal law. No direct or indirect impacts shall occur to any protected species, except as may be authorized by a Natural DocuSign Envelope ID: A5495A38-37E9-4E3C-A25E-EE5A457F95C4Notification #1600-2013-0302-RS Streambed Alteration Agreement Page 6 of 14 Community Conservation Plan or one or more individual permits that authorize such impacts. 2.18 Threatened/Endangered Species Protection Plan. If species listed as Threatened or Endangered under CESA, including: southwestern willow flycatcher; light-footed clapper rail; or least Bell's vireo, is found in the proposed work area, or is in a location which could be directly or indirectly affected by the work proposed, Permittee shall submit a plan to CDFW for review and approval prior to the continuation of work to ensure impacts to the species are avoided. 2.19 Bird Avoidance. To avoid impacts to nesting birds, vegetation management activities adjacent to nesting habitat shall not take place within CDFW jurisdictional habitat from February 1 through August 31, the "restricted work period", unless CDFW agrees to modify the restricted work period. Non-native vegetation may be removed using non-motorized hand tools any time of the year provided that the work complies with all other measures of this Agreement. This Agreement does not authorize the take of any bird nest at any time of year. 2.20 Bat Protection -Bridges. Prior to work commencing near any bridge, the bridge shall be surveyed for bats by a qualified bat biologist. If bats are found work near the bridge operations shall not be initiated. Bats shall not be disturbed without specific notice to and consultation with CDFW. CDFW reserves the right provide additional provisions to this agreement designed to protect nesting/roosting bats. Bat surveys must be conducted within 7 days prior project commencement. Impact minimization measures must be implemented prior to project activities. Biological Resource Monitoring 2.21 Vegetation Monitoring. Prior to each vegetation management or maintenance activity, Permittee shall collect qualitative measurements of the project area including at a minimum: range of vegetation height by habitat type; native vegetation cover by habitat type; and relative non-native vegetation cover. Vegetation monitoring data shall be included in each annual monitoring report when any vegetation management or maintenance activities occur during the given reporting period (see Measure 4.2). 2.22 Wildlife Movement Monitoring. In order to gauge if project activities reduce or impede access of ambulant wildlife to AHLER, Permittee shall install and maintain a minimum of one wildlife camera at or near each of the two bridges (Cannon Road and El Camino Real), equaling a minimum of two cameras, for the duration of this Agreement. Cameras shall be installed and maintained in a manner where images are captured of wildlife entering or exiting each undercrossing. Photo-monitoring and wildlife crossing information shall be monitored for the duration of this Agreement. The data collected shall be provided to CDFW upon request. An analysis of the data collected shall be reported annually as a part of the annual monitoring report (see Measure 4.2). DocuSign Envelope ID: A5495A38-37E9-4E3C-A25E-EE5A457F95C4Notification #1600-2013-0302-RS Streambed Alteration Agreement Page 7 of 14 2.23 Sediment Level Monitoring. Prior to initiation of activities authorized by this Agreement, Permittee shall survey current sediment levels within the project area. Once the initial survey is complete, all four bridge pilings will be permanently marked with elevation information. A minimum of four accessible locations within the project area shall be permanently marked with specific elevation information. Permittee shall use repeatable methodology to identify current sediment levels on an annual basis. Sediment levels and methods used to obtain those levels shall be reported in the annual report. Equipment and Access 2.24 No Equipment in Wetted Portion of the Stream. Vehicles shall not be driven or equipment operated in water covered portions of a stream or lake, or where wetland vegetation, riparian vegetation, or aquatic organisms may be destroyed. Erosion and Sedimentation 2.25 Erosion Control Measures. Permittee shall utilize erosion control measures throughout all phases of operation where sediment runoff from exposed slopes threatens to enter the stream. 2.26 Erosion Control Monitoring. Permittee shall monitor erosion control measures before, during, and after each storm event and repair and/or replace ineffective measures immediately. Fill and Spoil 2.27 Stream Materials. Rock, gravel, and/or other materials shall not be imported to, taken from or moved within the bed or banks of the stream except as otherwise addressed in this Agreement. 2.28 Dredging and Sediment Removal. Dredging or sediment removal activities, and associated impacts to fish and wildlife resources, have not been proposed or identified as a part of the project. Dredging or sediment removal activities are not authorized as a part of this Agreement, therefore shall be subject to separate Notification pursuant to FGC section 1600 et seq. 2.29 Deposition of Fill. Depositing fill into the stream is not authorized as a part of this Agreement, therefore shall be subject to separate Notification pursuant to FGC section 1600 et seq. Structures 2.30 Authorized Structures. This Agreement does not authorize the construction of any temporary or permanent dam, structure, flow restriction or fill except as described in Permittee's Notification. DocuSign Envelope ID: A5495A38-37E9-4E3C-A25E-EE5A457F95C4Notification #1600-2013-0302-RS Streambed Alteration Agreement Page 8 of 14 Pollution, Litter, and Clean-Up 2.31 Litter and Pollution. Permittee ~hall comply with all litter and pollution laws. All contractors, subcontractors and employees shall also obey these laws and it shall be the responsibility of the Permittee to ensure compliance. 2.32 Secure Trash Receptacles. Permittee shall use fully covered trash receptacles with secure lids (wildlife proof) to contain all food, food scraps, food wrappers, beverage and other miscellaneous trash. 2.33 Stationary Equipment. Stationary equipment such as motors, pumps, generators, and welders located within or near the stream shall be positioned over drip pans. Stationary heavy equipment shall have suitable containment to handle a catastrophic spill/leak. 2.34 Equipment Maintenance and Fueling. No equipment maintenance or fueling shall be done within or near any stream channel where petroleum products or other pollutants from the equipment may enter these areas. 2.35 Site Cleanup. When operations are completed, any excess materials or debris shall be removed from the work area. 3. Compensatory Measures To compensate for adverse impacts to fish and wildlife resources identified above that cannot be avoided or minimized, Permittee shall implement each measure listed below. 3.1 Mitigation for Authorized Impacts. Compensatory mitigation is not required as part of this Agreement. Mitigation for the 0.50-acre maintenance area has been successfully mitigated as a part of Streambed Alteration Agreement 1600-2006-0060-R5 for the Agua Hedionda Channel Emergency Dredge Project through the deduction of 0.5 creation/restoration Credit and 0.553 riparian enhancement Credit as defined in the Bank Enabling Instrument for North County Habitat Bank. 3.2 Mitigation for Unauthorized Impacts. Permittee shall mitigate at a minimum 5: 1 ratio for impacts beyond those authorized in this Agreement. In the event that additional mitigation is required, the type of mitigation shall be determined by CDFW, and may include creation, restoration, and/or enhancement. 4. Reporting Measures Permittee shall meet each reporting requirement described below. 4.1 Notification Prior to Work. Permittee shall notify CDFW, in writing, at least 5 days prior to initiation of each maintenance activity. Notification shall be sent to CDFW's South Coast Office at the address on page 1, ATTN: Streambed DocuSign Envelope ID: A5495A38-37E9-4E3C-A25E-EE5A457F95C4Notification #1600-2013-0302-RS Streambed Alteration Agreement Page 9 of 14 Alteration Program -SAA# 1600-2013-0302-RS, or alternatively by electronic mail to R5LSACompliance@wildlife.ca.gov. 4.2 Annual Biological Resource Monitoring Report. Permittee shall submit an annual report to CDFW identifying: dates and types of maintenance accomplished that given year; results of the annual biological resource monitoring data identified in measures 2.21 (Vegetation Monitoring), 2.22 (Wildlife Movement Monitoring), and 2.23 (Sediment Level Monitoring); the general condition of the willow trees not removed within the 0.50-acre maintenance area as a part of the project, and an evaluation of the success or failure of the measures in this Agreement designed to protect the fish and wildlife resources that the project may adversely affect. 4.3 Sensitive Species Observations. Permittee shall be responsible for reporting all observations of threatened /endangered species or species of special concern to CDFW's Natural Diversity Data Base (CNDDB) within 10 days of sighting. The form and instructions for completing the form and submitting the information are available on-line at http://www.wildlife.ca.gov/biogeodata/cnddb/submitting_data _to_cnddb.asp. In addition to sending the information to CNDDB a copy should be sent to CDFW's South Coast Office at the address above, ATTN: Streambed Alteration Program -SAA #1600-2013-0302-RS. CONTACT INFORMATION Any communication that Permittee or CDFW submits to the other shall be in writing and any communication or documentation shall be delivered to the address below by U.S. mail, email, or to such other address as Permittee or CDFW specifies by written notice to the other. To Permittee: City of Carlsbad Sherri Howard 1635 Faraday Avenue Carlsbad, California 92008 sherri.howard@carlsbadca.gov ToCDFW: California Department of Fish and Wildlife South Coast Region 3883 Ruffin Road San Diego, California 92123 Attn: Lake and Streambed Alteration Program Notification #1600-2013-0302-RS DocuSign Envelope ID: A5495A38-37E9-4E3C-A25E-EE5A457F95C4Notification #1600-2013-0302-RS Streambed Alteration Agreement Page 10 of 14 LIABILITY Permittee shall be solely liable for any violations of the Agreement, whether committed by Permittee or any person acting on behalf of Permittee, including its officers, employees, representatives, agents or contractors and subcontractors, to complete the project or any activity related to it that the Agreement authorizes. This Agreement does not constitute CDFW's endorsement of, or require Permittee to proceed with the project. The decision to proceed with the project is Permittee's alone. SUSPENSION AND REVOCATION CDFW may suspend or revoke in its entirety the Agreement if it determines that Permittee or any person acting on behalf of Permittee, including its officers, employees, representatives, agents, or contractors and subcontractors, is not in compliance with the Agreement. Before CDFW suspends or revokes the Agreement, it shall provide Permittee written notice by certified or registered mail that it intends to suspend or revoke. The notice shall state the reason(s) for the proposed suspension or revocation, provide Permittee an opportunity to correct any deficiency before CDFW suspends or revokes the Agreement, and include instructions to Permittee, if necessary, including but not limited to a directive to immediately cease the specific activity or activities that caused CDFW to issue the notice. ENFORCEMENT Nothing in the Agreement precludes CDFW from pursuing an enforcement action against Permittee instead of, or in addition to, suspending or revoking the Agreement. Nothing in the Agreement limits or otherwise affects CDFW's enforcement authority or that of its enforcement personnel. OTHER LEGAL OBLIGATIONS This Agreement does not relieve Permittee or any person acting on behalf of Permittee, including its officers, employees, representatives, agents, or contractors and subcontractors, from obtaining any other permits or authorizations that might be required under other federal, state, or local laws or regulations before beginning the project or an activity related to it. This Agreement does not relieve Permittee or any person acting on behalf of Permittee, including its officers, employees, representatives, agents, or contractors and subcontractors, from complying with other applicable statutes in the FGC including, but DocuSign Envelope ID: A5495A38-37E9-4E3C-A25E-EE5A457F95C4Notification #1600-2013-0302-RS Streambed Alteration Agreement Page 11 of 14 not limited to, FGC sections 2050 et seq. (threatened and endangered species), 3503 (bird nests and eggs), 3503.5 (birds of prey), 5650 (water pollution), 5652 (refuse disposal into water), 5901 (fish passage), 5937 (sufficient water for fish), and 5948 (obstruction of stream). Nothing in the Agreement authorizes Permittee or any person acting on behalf of Permittee, including its officers, employees, representatives, agents, or contractors and subcontractors, to trespass. AMENDMENT CDFW may amend the Agreement at any time during its term if CDFW determines the amendment is necessary to protect an existing fish or wildlife resource. Permittee may amend the Agreement at any time during its term, provided the amendment is mutually agreed to in writing by CDFW and Permittee. To request an amendment, Permittee shall submit to CDFW a completed CDFW "Request to Amend Lake or Streambed Alteration" form and include with the completed form payment of the corresponding amendment fee identified in CDFW's current fee schedule (see Cal. Code Regs., tit. 14, § 699.5). TRANSFER AND ASSIGNMENT This Agreement may not be transferred or assigned to another entity, and any purported transfer or assignment of the Agreement to another entity shall not be valid or effective, unless the transfer or assignment is requested by Permittee in writing, as specified below, and thereafter CDFW approves the transfer or assignment in writing. The transfer or assignment of the Agreement to another entity shall constitute a minor amendment, and therefore to request a transfer or assignment, Permittee shall submit to CDFW a completed CDFW "Request to Amend Lake or Streambed Alteration" form and include with the completed form payment of the minor amendment fee identified in CDFW's current fee schedule (see Cal. Code Regs., tit. 14, § 699.5). EXTENSIONS In accordance with FGC section 1605(b), Permittee may request one extension of the Agreement, provided the request is made prior to the expiration of the Agreement's term. To request an extension, Permittee shall submit to CDFW a completed CDFW "Request to Extend Lake or Streambed Alteration" form and include with the completed form payment of the extension fee identified in CDFW's current fee schedule (see Cal. Code Regs., tit. 14, § 699.5). CDFW shall process the extension request in accordance with FGC 1605(b) through (e). DocuSign Envelope ID: A5495A38-37E9-4E3C-A25E-EE5A457F95C4Notification #1600-2013-0302-RS Streambed Alteration Agreement Page 12 of 14 If Permittee fails to submit a request to extend the Agreement prior to its expiration, Permittee must submit a new notification and notification fee before beginning or continuing the project the Agreement covers (FGC section 1605(f)). EFFECTIVE DATE The Agreement becomes effective on the date of CDFW's signature, which shall be: 1) after Permittee's signature; 2) after CDFW complies with all applicable requirements under the California Environmental Quality Act (CEQA); and 3) after payment of the applicable FGC section 711.4 filing fee listed at http://www.wildlife.ca.gov/habcon/ceqa/ceqa_changes.html. TERM This Agreement shall expire on August 15, 2019, unless it is terminated or extended before then. All provisions in the Agreement shall remain in force throughout its term. Permittee shall remain responsible for implementing any provisions specified herein to protect fish and wildlife resources after the Agreement expires or is terminated, as FGC section 1605(a)(2) requires. EXHIBITS The documents listed below are included as exhibits to the Agreement and incorporated herein by reference. Exhibit A. Figure 2; Project Boundary AUTHORITY If the person signing the Agreement (signatory) is doing so as a representative of Permittee, the signatory hereby acknowledges that he or she is doing so on Permittee's behalf and represents and warrants that he or she has the authority to legally bind Permittee to the provisions herein. AUTHORIZATION This Agreement authorizes only the project described herein. If Permittee begins or completes a project different from the project the Agreement authorizes, Permittee may be subject to civil or criminal prosecution for failing to notify CDFW in accordance with FGC section 1602. DocuSign Envelope ID: A5495A38-37E9-4E3C-A25E-EE5A457F95C4Notification #1600-2013-0302-RS Streambed Alteration Agreement Page 13 of 14 CONCURRENCE The undersigned accepts and agrees to comply with all provisions contained herein. FOR CITY OF CARLSBAD hl4IU.:1 ZttJ/ WI"--{ Sherri Howard Date Title: (\ssoe,i~ ~11JEE2-FOR DEPARTMENT OF FISH AND WILDLIFE tt.,2~ ;jLJOA b Jor Ga· K. S rens Date Environmental Program Manager Prepared August 7, 2014, by Kevin Hupf, Environmental Scientist DocuSign Envelope ID: A5495A38-37E9-4E3C-A25E-EE5A457F95C4Notification #1600-2013-0302-RS Streambed Alteration Agreement Page 14 of 14 ; ll ! ;: i ' I ~, I I ~ 1:1 R 1 • .. " t • a .. A 1 J J G I 0 i I • . ! J . i I a ': 0 ANY PROPRIETOR/PARTNER/EXECUTIVEOFFICER/MEMBER EXCLUDED? INSR ADDL SUBRLTRINSD WVD PRODUCER CONTACTNAME: FAXPHONE(A/C, No):(A/C, No, Ext): E-MAILADDRESS: INSURER A : INSURED INSURER B : INSURER C : INSURER D : INSURER E : INSURER F : POLICY NUMBER POLICY EFF POLICY EXPTYPE OF INSURANCE LIMITS(MM/DD/YYYY) (MM/DD/YYYY) AUTOMOBILE LIABILITY UMBRELLA LIAB EXCESS LIAB WORKERS COMPENSATION AND EMPLOYERS' LIABILITY DESCRIPTION OF OPERATIONS / LOCATIONS / VEHICLES (ACORD 101, Additional Remarks Schedule, may be attached if more space is required) AUTHORIZED REPRESENTATIVE EACH OCCURRENCE $ DAMAGE TO RENTEDCLAIMS-MADE OCCUR $PREMISES (Ea occurrence) MED EXP (Any one person) $ PERSONAL & ADV INJURY $ GEN'L AGGREGATE LIMIT APPLIES PER:GENERAL AGGREGATE $ PRO-POLICY LOC PRODUCTS - COMP/OP AGGJECT OTHER:$ COMBINED SINGLE LIMIT $(Ea accident) ANY AUTO BODILY INJURY (Per person) $ OWNED SCHEDULED BODILY INJURY (Per accident) $AUTOS ONLY AUTOS HIRED NON-OWNED PROPERTY DAMAGE $AUTOS ONLY AUTOS ONLY (Per accident) $ OCCUR EACH OCCURRENCE CLAIMS-MADE AGGREGATE $ DED RETENTION $ PER OTH-STATUTE ER E.L. EACH ACCIDENT E.L. DISEASE - EA EMPLOYEE $ If yes, describe under E.L. DISEASE - POLICY LIMITDESCRIPTION OF OPERATIONS below INSURER(S) AFFORDING COVERAGE NAIC # COMMERCIAL GENERAL LIABILITY Y / N N / A (Mandatory in NH) SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE EXPIRATION DATE THEREOF, NOTICE WILL BE DELIVERED IN ACCORDANCE WITH THE POLICY PROVISIONS. THIS IS TO CERTIFY THAT THE POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POLICY PERIOD INDICATED. NOTWITHSTANDING ANY REQUIREMENT, TERM OR CONDITION OF ANY CONTRACT OR OTHER DOCUMENT WITH RESPECT TO WHICH THIS CERTIFICATE MAY BE ISSUED OR MAY PERTAIN, THE INSURANCE AFFORDED BY THE POLICIES DESCRIBED HEREIN IS SUBJECT TO ALL THE TERMS, EXCLUSIONS AND CONDITIONS OF SUCH POLICIES. LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS. THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE HOLDER. THIS CERTIFICATE DOES NOT AFFIRMATIVELY OR NEGATIVELY AMEND, EXTEND OR ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW. THIS CERTIFICATE OF INSURANCE DOES NOT CONSTITUTE A CONTRACT BETWEEN THE ISSUING INSURER(S), AUTHORIZED REPRESENTATIVE OR PRODUCER, AND THE CERTIFICATE HOLDER. IMPORTANT: If the certificate holder is an ADDITIONAL INSURED, the policy(ies) must have ADDITIONAL INSURED provisions or be endorsed. If SUBROGATION IS WAIVED, subject to the terms and conditions of the policy, certain policies may require an endorsement. A statement on this certificate does not confer rights to the certificate holder in lieu of such endorsement(s). COVERAGES CERTIFICATE NUMBER:REVISION NUMBER: CERTIFICATE HOLDER CANCELLATION © 1988-2015 ACORD CORPORATION. All rights reserved.ACORD 25 (2016/03) CERTIFICATE OF LIABILITY INSURANCE DATE (MM/DD/YYYY) $ $ $ $ $ The ACORD name and logo are registered marks of ACORD 7/6/2021 License # 0C32169 (619) 937-0164 (619) 937-0168 20478 Habitat Restoration Sciences, Inc. 1217 Distribution Way Vista, CA 92081 20494 35289 34630 10172 085202 A 1,000,000 X X 6049996792 7/15/2021 7/15/2022 100,000 15,000 1,000,000 2,000,000 2,000,000 1,000,000B X X 6049951075 7/15/2021 7/15/2022 5,000,000C 7015294323 7/15/2021 7/15/2022 5,000,000 D X HAWC218483 7/15/2021 7/15/2022 1,000,000 1,000,000 1,000,000 E Pollution Liability G46788084005 7/15/2021 Occur/Agg 2,000,000 F Prof Liability ANE175995321 7/15/2021 7/15/2022 Ded. $10K Occur/Agg 2,000,000 RE: OPERATIONS OF THE NAMED INSURED AS CERTIFICATE HOLDERS INTEREST MAY APPEAR. CITY OF CARLSBAD IS INCLUDED AS ADDITIONAL INSURED PER FORM CNA75079XX (10-16) ATTACHED. PRIMARY AND NON-CONTRIBUTORY WORDING APPLIES. AUTO ADDITIONAL INSURED APPLIES PER ENDORSEMENT ATTACHED. (agpcp) CITY OF CARLSBAD/CMWD c/o EXIGIS INSURANCE COMPIANCE SERVICES P.O. 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3DJH RI /"5*0/"-'*3&*/463"/$&$00')"35'03%(IIHFWLYH 'DWH 21 ,QVXUHG 1DPH )"#*5"53&4503"5*0/4$*&/$&4 */$ &RS\ULJKW &1$$OO 5LJKWV 5HVHUYHG ,QFOXGHV FRS\ULJKWHG PDWHULDO RI ,QVXUDQFH 6HUYLFHV 2IILFH ,QF ZLWK LWV SHUPLVVLRQ Primary and Noncontributory Insurance CNA PARAMOUNT Contractors’General Liability Extension Endorsement B.1.d.3DUDJUDSK LV DPHQGHG WR GHOHWH WKH OLPLW RI VKRZQ IRU GDLO\ ORVV RI HDUQLQJV DQG UHSODFH LW ZLWK D OLPLW 24.UNINTENTIONAL FAILURE TO DISCLOSE HAZARDS Named Insured Named,I WKH XQLQWHQWLRQDOO\IDLOV WR GLVFORVH DOO H[LVWLQJ KD]DUGV DW WKH LQFHSWLRQ GDWH RI WKH Insured’s Coverage Part Coverage PartWKH ,QVXUHU ZLOO QRW GHQ\FRYHUDJH XQGHU WKLV EHFDXVH RI VXFK IDLOXUH 25.WAIVER OF SUBROGATION -BLANKET CONDITIONS Transfer Of Rights Of Recovery Against Others To Us8QGHUWKH FRQGLWLRQ HQWLWOHG LV DPHQGHG WR DGG WKH IROORZLQJ 7KH ,QVXUHU ZDLYHV DQ\ULJKW RI UHFRYHU\WKH ,QVXUHU PD\KDYH DJDLQVW DQ\SHUVRQ RU RUJDQL]DWLRQ EHFDXVH RI SD\PHQWV WKH ,QVXUHU PDNHV IRU LQMXU\RU GDPDJH DULVLQJ RXW RI 1.Named Insured’sWKH RQJRLQJ RSHUDWLRQV RU 2.your work products-completed operations hazardLQFOXGHGLQWKH Named Insured+RZHYHUWKLV ZDLYHU DSSOLHV RQO\ZKHQ WKH KDV DJUHHG LQ ZULWLQJ WR ZDLYH VXFK ULJKWV RI UHFRYHU\LQ D ZULWWHQ FRQWUDFW RU ZULWWHQ DJUHHPHQWDQG RQO\LI VXFK FRQWUDFW RU DJUHHPHQW 1.Coverage PartLV LQ HIIHFW RU EHFRPHV HIIHFWLYH GXULQJ WKH WHUP RI WKLV DQG 2.bodily injury property damage personal and advertising injuryZDVH[HFXWHG SULRU WR WKH RU JLYLQJ ULVH WR WKH claim 26.WRAP-UP EXTENSION:OCIP,CCIP,OR CONSOLIDATED (WRAP-UP)INSURANCE PROGRAMS Note:7KH IROORZLQJ SURYLVLRQ GRHV QRW DSSO\WR DQ\SXEOLF FRQVWUXFWLRQ SURMHFW LQ WKH VWDWH RI 2NODKRPDQRU WR DQ\consolidated (wrap-up)FRQVWUXFWLRQ SURMHFW LQ WKH VWDWH RI $ODVNDWKDW LV QRW SHUPLWWHG WR EH LQVXUHG XQGHU D insurance program E\DSSOLFDEOH VWDWH VWDWXWH RU UHJXODWLRQ EXCLUSION –CONSTRUCTION WRAP-UP,I WKH HQGRUVHPHQW LV DWWDFKHG WR WKLV SROLF\RU DQRWKHU H[FOXVLRQDU\ HQGRUVHPHQW SHUWDLQLQJ WR 2ZQHU &RQWUROOHG ,QVXUDQFH 3URJUDPV 2&,3 RU &RQWUDFWRU &RQWUROOHG ,QVXUDQFH 3URJUDPV &&,3 LV DWWDFKHGWKHQ WKH IROORZLQJ FKDQJHV DSSO\ A.7KH IROORZLQJ ZRUGLQJ LV DGGHG WR WKH DERYHUHIHUHQFHG HQGRUVHPHQW consolidated (wrap-up)insurance program Named Insured:LWK UHVSHFW WR D SURMHFW LQ ZKLFK WKH LV RU ZDVNamedInsuredLQYROYHGWKLV H[FOXVLRQ GRHV QRW DSSO\WR WKRVH VXPV WKH EHFRPH OHJDOO\REOLJDWHG WR SD\DVdamagesEHFDXVHRI 1.Bodily injury property damage personal or advertising injury Named Insured’sRU WKDW RFFXUV GXULQJ WKH Named Insured’sRQJRLQJRSHUDWLRQVDW WKH SURMHFWRU GXULQJ VXFK RSHUDWLRQV RI DQ\RQH DFWLQJ RQ WKH EHKDOI QRU 2.Bodily injury property damage products-completed operations hazardRULQFOXGHGZLWKLQWKH WKDW DULVHVresidentialstructuresRXW RI WKRVH SRUWLRQV RI WKH SURMHFW WKDW DUH QRW B.4.Other Insurance 4.b.(1)(c)&RQGLWLRQ LV DPHQG WR DGG WKH IROORZLQJ VXESDUDJUDSK 7KLV LQVXUDQFH LV H[FHVV RYHU (c)$Q\RI WKH RWKHU LQVXUDQFH ZKHWKHU SULPDU\H[FHVVFRQWLQJHQW RU DQ\RWKHU EDVLV WKDW LV LQVXUDQFH DYDLODEOH Named Insured Named Insured consolidated (wrap-up)WR WKH DV D UHVXOW RI WKH EHLQJ D SDUWLFLSDQW LQ D insurance program Named Insured’s consolidated (wrap-up)EXW RQO\DV UHVSHFWV WKH LQYROYHPHQW LQ WKDWinsuranceprogram 3ROLF\ 1R (QGRUVHPHQW 1R &1$;; /"5*0/"-'*3&*/463"/$&$00')"35'03% (IIHFWLYH 'DWH 21,QVXUHG 1DPH )"#*5"53&4503"5*0/4$*&/$&4 */$ &RS\ULJKW &1$$OO 5LJKWV 5HVHUYHG ,QFOXGHV FRS\ULJKWHG PDWHULDO RI ,QVXUDQFH 6HUYLFHV 2IILFH ,QF ZLWK LWV SHUPLVVLRQ 25.WAIVER OF SUBROGATION -BLANKET CNA PARAMOUNT Contractors’General Liability Extension Endorsement Named Insureds Insureds spouses’Namedarewithrespecttosuch acts,errors or omissions in the conduct of the Insured’s business. 10.EXPECTED OR INTENDED INJURY –EXCEPTION FOR REASONABLE FORCE COVERAGES,Coverage A –Bodily Injury and Property Damage LiabilityUnder,the paragraph entitledExclusionsExpectedorIntendedInjuryisamendedtodeletetheexclusionentitledandreplaceit with the following: This insurance does not apply to: Expected or Intended Injury Bodily injury property damage Insuredorexpectedorintendedfromthestandpointof the .This exclusion does not bodily injury property damageapplytoor resulting from the use of reasonable force to protect persons or property. 11.GENERAL AGGREGATE LIMITS OF INSURANCE -PER PROJECT A.Named InsuredForeachconstructionprojectawayfrompremisesthe owns or rents,a separate ConstructionProjectGeneralAggregateLimit,equal to the amount of the General Aggregate Limit shown in the Declarations,is the most the Insurer will pay for the sum of: 1.damages Coverage A damages bodily injury property damageAllunder,except because of or included inproducts-completed operations hazardthe;and 2.Coverage CAllmedicalexpensesunder, occurrencesthatarisefrom or accidents which can be attributed solely to ongoing operations at that constructionproject.Such payments shall not reduce the General Aggregate Limit shown in the Declarations,nor the Construction Project General Aggregate Limit of any other construction project. B.All: 1.Damages Coverage Bunder,regardless of the number of locations or construction projects involved; 2.Damages Coverage A occurrencesunder,caused by which cannot be attributed solely to ongoingdamagesbodilyinjurypropertydamageoperationsat a single construction project,except because of orproducts-completed operations hazardincludedinthe;and 3.Coverage CMedicalexpensesunder caused by accidents which cannot be attributed solely to ongoing operations at a single construction project, will reduce the General Aggregate Limit shown in the Declarations. C.The limits shown in the Declarations for Each Occurrence,for Damage To Premises Rented To You and for Medical Expense continue to apply,but will be subject to either the Construction Project General Aggregate LimitoccurrenceortheGeneralAggregateLimit shown in the Declarations,depending on whether the can be attributed solely to ongoing operations at a particular construction project. D.products-completed operations hazardWhencoverageforliabilityarisingout of the is provided,any payments damages bodily injury property damage products-completed operationsforbecauseoforincludedinthe hazard will reduce the Products-Completed Operations Aggregate Limit shown in the Declarations,regardless ofthenumberofprojectsinvolved. E.InsuredIfasingleconstructionprojectawayfrompremisesownedbyorrentedto the has been abandoned andthenrestarted,or if the authorized contracting parties deviate from plans,blueprints,designs,specifications or timetables,the project will still be deemed to be the same construction project. F.LIMITS OF INSURANCETheprovisionsof not otherwise modified by this endorsement shall continue to apply as stipulated. Policy No: 6049996792 1EndorsementNo:CNA74705XX (1-15)NATIONAL FIRE INSURANCE CO. OF HARTFORD Effective Date: 07/15/2021Insured Name: HABITAT RESTORATION SCIENCES, INC. Copyright CNA All Rights Reserved. Includes copyrighted material of Insurance Services Office, Inc., with its permission. CNA PARAMOUNT Cancellation /Nonrenewal -California Wherever used in this endorsement:1)Insurer means "we","us","our"or the "Company"as those terms may be defined in the policy;and 2)Named Insured means the first person or entity named on the declarations page; and 3)"Insureds" means all persons or entities afforded coverage under the policy. Any cancellation,nonrenewal or termination provisions in the policy are deleted in their entirety and replaced with the following: CANCELLATION AND NONRENEWAL A.CANCELLATION 1.The Named Insured may cancel the policy at any time.To do so,the Named Insured must return the policy to the Insurer or any of its authorized representatives,indicating the effective date of cancellation;or provide a written notice to the Insurer,stating when the cancellation is to be effective. 2.If the policy has been in effect for less than sixty (60)days and is not a renewal the Insurer may cancel the policy for any reason by mailing or delivering written notice to the Named Insured,at the last mailing address known to the Insurer,and the producer of record.The notice of cancellation will be provided at least sixty (60)days prior to the effective date of cancellation except that in the case of cancellation for nonpayment of premiums the notice will be given no less than ten (10)days prior to the effective date of the cancellation. 3.If the policy has been in effect for more than sixty (60)days or if it is a renewal,effective immediately,the Insurer may not cancel the policy unless such cancellation is based on one or more of the following reasons: a.Nonpayment of premium,including payment due on a prior policy issued by the Insurer and due during the current policy term covering the same risks. b.A judgment by a court or an administrative tribunal that the Named Insured has violated any law of this state or of the United States having as one of its necessary elements an act which materially increases any of the risks insured against. c.Discovery of fraud or material misrepresentation by either of the following: (1)The Named Insured or Insured(s)or a representative of same in obtaining the insurance;or (2)The Named Insured or his or her representative in pursuing a claim under the policy. d.Discovery of willful or grossly negligent acts or omissions,or of any violations of state laws or regulations establishing safety standards,by the Named Insured or Insured(s)or a representative of same,which materially increase any of the risks insured against. e.Failure by the Named Insured or Insured(s)or a representative of same to implement reasonable loss control requirements which were agreed to by the Named Insured as a condition of policy issuance or which were conditions precedent to the use by the Insurer of a particular rate or rating plan,if the failure materially increases any of the risks insured against. f.A determination by the commissioner that the loss of,or changes in,the Insurer's reinsurance covering all or part of the risk would threaten the financial integrity or solvency of the Insurer. g.A determination by the commissioner that a continuation of the policy coverage would place the Insurer in violation of the laws of this state or the state of its domicile or that the continuation of coverage would threaten the solvency of the Insurer. h.A change by the Named Insured or Insured(s)or a representative of same in the activities or property of the commercial or industrial enterprise which results in a material added risk,a materially increased risk or a materially changed risk,unless the added,increased,or changed risk is included in the policy. A notice of cancellation will be in writing and will be delivered or mailed to the Named Insured,at the last mailing address known to the Insurer,and the producer of record at least sixty (60)days prior to the effective date of cancellation.Where cancellation is for nonpayment of premium,notice shall be given no less than ten (10)days prior to the effective date of cancellation. 6049996792CNA62814CA(12-19)Policy No: 20Page1 of 4 Endorsement No: Nat'l Fire Ins Co of Hartford 07/15/2021EffectiveDate: HABITAT RESTORATION SCIENCES, INC.Insured Name: Copyright CNA All Rights Reserved.40020009260499967923322 CNA PARAMOUNT Cancellation /Nonrenewal -California 4.The notice will state the actual reason for the cancellation. 5.Notice of cancellation will state the effective date of cancellation.The policy period will end on that date. 6.If notice is mailed,proof of mailing will be sufficient proof of notice. B.PREMIUM REFUND If this policy is cancelled,the Insurer will send the Named Insured any premium refund due.If the Insurer cancels the refund will be pro rata.If the Named Insured cancels,the refund may be less than pro rata.The cancellation will be effective even if the Insurer has not made or offered a refund. C.NONRENEWAL 1.The Insurer can non-renew the policy by giving written notice to the Named Insured,at the last mailing address known to the Insurer,and the producer of record at least sixty (60)days but not more than one hundred twenty (120)days before the expiration date. 2.The notice of nonrenewal will state the actual reason for nonrenewal. 3.If notice is mailed,proof of mailing will be sufficient proof of notice. 4.A notice of nonrenewal will not be required in any of the following situations: a.The transfer of,or renewal of,a policy without change in its terms or conditions or the rate on which the premium is based between insurers that are members of the same insurance group. b.The policy has been extended for ninety (90)days or less,if the notice required has been given prior to the extension. c.The Named Insured has obtained replacement coverage or has agreed,in writing, within sixty (60)days of the termination of the policy,to obtain that coverage. d.The policy is for a period of no more than sixty (60)days and the Named Insured is notified at the time of issuance that it may not be renewed. e.The Named Insured requests a change in the terms or conditions or risks covered by the policy within sixty (60)days prior to the end of the policy period. f.The Insurer has made a written offer to the Named Insured,within the prescribed time period,to renew the policy under changed terms or conditions or at a changed premium rate,where the increase is more than 25%.As used herein, "terms or conditions"includes,but is not limited to,a reduction in limits,elimination of coverages,or an increase in deductibles. 5.In the case of conditional renewal,failure of the Named Insured to satisfy conditions provided by the Insurer for renewal,by the expiration date of the policy or sixty (60)days after mailing or delivery of such notice,whichever is later,the conditional renewal shall be treated as an effective nonrenewal. D.CONDITIONAL RENEWAL 1.If the policy has been in effect for more than sixty (60)days or if the policy is a renewal,effective immediately no increase in premium,reduction in limits,or change in the conditions of coverage shall be effective during the policy period unless based upon one of the following reasons: a.Discovery of willful or grossly negligent acts or omissions,or of any violations of state laws or regulations establishing safety standards by the Named Insured or Insured(s)which materially increase any of the risks or hazards insured against. b.Failure by the Named Insured or Insured(s)to implement reasonable loss control requirements which were agreed to by the Insured as a condition of policy issuance or which were conditions precedent to the use by the Insurer of a particular rate or rating plan,if the failure materially increases any of the risks insured against. c.A determination by the commissioner that loss of or changes in an insurer's reinsurance covering all or part of the risk covered by the policy would threaten the financial integrity or solvency of the Insurer unless the change in the terms or conditions or rate upon which the premium is based is permitted. 6049996792CNA62814CA(12-19)Policy No:20Page2 of 4 Endorsement No:Nat'l Fire Ins Co of Hartford 07/15/2021EffectiveDate: HABITAT RESTORATION SCIENCES, INC.Insured Name: Copyright CNA All Rights Reserved. CNA PARAMOUNT Cancellation /Nonrenewal -California d.A change by the Named Insured or Insured(s)in the activities or property of the commercial or industrial enterprise which results in a materially added risk,a materially increased risk,or a materially changed risk, unless the added,increased,or changed risk is included in the policy. 2.A written notice will be mailed or delivered to the Named Insured,at the last mailing address known to the Insurer, and the producer of record at least sixty (60)days prior to the effective date of any increase,reduction or change. 3.The notice will state the effective date of,and the reasons for,the increase,reduction or change 4.If notice is mailed,proof of mailing will be sufficient proof of notice. E.ADDITIONAL PROVISIONS 1.Solely with respect to coverage for real property used predominantly for residential purposes and consisting of not more than four dwelling units,and to coverage on tenants'household property contained in a residential unit: a.The Insurer shall not cancel or refuse to renew such coverage existing on the date the Insurer elected to become an associate participating insurer after an offer of earthquake coverage is accepted solely because the insured has accepted that offer of earthquake coverage;and b.The Insurer shall not cancel such coverage unless the policy is properly canceled pursuant to Paragraph A above;and c.The Insurer may not cancel or non-renew this policy solely because the first Named Insured has: (1)Accepted an offer of earthquake coverage;or (2)Cancelled or did not renew a policy issued by the California Earthquake Authority (CEA)that included an earthquake policy premium surcharge. However,the Insurer shall cancel this policy if the first Named Insured has accepted a new or renewal policy issued by the CEA that includes an earthquake policy premium surcharge but fails to pay the earthquake policy premium surcharge authorized by the CEA. d.The following applies only to insurers who are associate participating insurers as established by Cal. Ins. Code Section 10089.16.The Insurer may elect not to renew such coverage after the first Named Insured has accepted an offer of earthquake coverage,if one or more of the following reasons apply: i.The policy is terminated by the Named Insured; ii.The policy is refused renewal on the basis of sound underwriting principles that relate to the coverages provided by the policy and that are consistent with the approved rating plan and related documents filed with the Department of Insurance as required by existing law; iii.The Commissioner of Insurance finds that the exposure to potential losses will threaten the solvency of the Insurer or place the Insurer in a hazardous condition.A hazardous condition includes,but is not limited to,a condition in which the Insurer makes claims payments for losses resulting from an earthquake that occurred within the preceding two years and that required a reduction in policyholder surplus of at least twenty-five percent (25%)for payment of those claims;or iv.The Insurer has lost or experienced a substantial reduction in the availability or scope of reinsurance coverage or a substantial increase in the premium charged for reinsurance coverage for its residential property insurance policies,and the Commissioner of Insurance has approved a plan for the nonrenewals that is fair and equitable,and that is responsive to the changes in the Insurer's reinsurance position. e.If a state of emergency under California Law is declared and the residential property is located in any ZIP Code within or adjacent to the fire perimeter,as determined by California Law,the Insurer may not cancel or non-renew this policy for one year,beginning from the date the state of emergency is declared,solely because the dwelling or other structure is located in an area in which a wildfire has occurred. 6049996792CNA62814CA(12-19)Policy No: 20Page3 of 4 Endorsement No: Nat'l Fire Ins Co of Hartford 07/15/2021EffectiveDate: HABITAT RESTORATION SCIENCES, INC.Insured Name: Copyright CNA All Rights Reserved.40020009260499967923323 CNA PARAMOUNT Cancellation /Nonrenewal -California However,the Insurer may cancel or non-renew: (1)When the Named Insured has not paid the premium at any time and the Insurer lets the Named Insured know at least 10 days before the date cancellation takes effect; (2)If willful or grossly negligent acts or omissions by the Named Insured,or his or her representatives,are discovered that materially increase any of the risks insured against; (3)If losses unrelated to the post-disaster loss condition of the property have occurred that would collectively render the risk ineligible for renewal;or (4)If there are physical changes in the property insured against,beyond the catastrophe-damaged condition of the structures and surface landscape,which result in the property becoming uninsurable f.If this policy contains an exclusion barring coverage for the peril of corrosive soil conditions,the Insurer shall not cancel or refuse to renew the policy solely because corrosive soil conditions exist on the location. All other terms and conditions of the Policy remain unchanged. This endorsement,which forms a part of and is for attachment to the Policy issued by the designated Insurers,takes effect on the effective date of said Policy at the hour stated in said Policy,unless another effective date is shown below,and expires concurrently with said Policy. 6049996792CNA62814CA(12-19)Policy No:20Page4 of 4 Endorsement No:Nat'l Fire Ins Co of Hartford 07/15/2021EffectiveDate: HABITAT RESTORATION SCIENCES, INC.Insured Name: Copyright CNA All Rights Reserved. CNA63359XX(Ed.04/12) THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. CONTRACTORS EXTENDED COVERAGE ENDORSEMENT -BUSINESS AUTO PLUS - This endorsement modifies insurance provided under the following: BUSINESS AUTO COVERAGE FORM name,with your permission,while performingI.LIABILITY COVERAGE duties related to the conduct of your business.A.Who Is An Insured "Policy,"as used in this provision A.Who Is AnThefollowing is added to Section II,Paragraph Insured,includes those policies that were in forceA.1.,Who Is An Insured:on the inception date of this Coverage Form but: 1. a.Any incorporated entity of which the 1.Which are no longer in force;orNamedInsuredownsamajorityof the 2.Whose limits have been exhausted.voting stock on the date of inception ofthisCoverageForm;provided that,B.Bail Bonds and Loss of Earnings b.The insurance afforded by this provision Section II,Paragraphs A.2.(2)and A.2.(4)areA.1.does not apply to any such entity revised as follows:that is an "insured"under any other 1.In a.(2),the limit for the cost of bail bonds isliability "policy"providing "auto"coverage.changed from $2,000 to $5,000; and2.Any organization you newly acquire or form,2.In a.(4),the limit for the loss of earnings isotherthan a limited liability company,changed from $250 to $500 a day.partnership or joint venture,and over whichyoumaintainmajorityownershipinterest.C.Fellow Employee The insurance afforded by this provision A.2.:Section II,Paragraph B.5 does not apply. a.Is effective on the acquisition or formation Such coverage as is afforded by this provision C.date, and is afforded only until the end of is excess over any other collectible insurance.the policy period of this Coverage Form,II.PHYSICAL DAMAGE COVERAGEorthenextanniversaryofitsinceptiondate,whichever is earlier.A.Glass Breakage –Hitting A Bird Or Animal –b.Falling Objects Or MissilesDoesnotapplyto: (1)Section III,Paragraph"Bodily injury"or "property damage"The following is added toA.3.caused by an "accident"that :occurred before you acquired or With respect to any covered "auto,"any deductibleformedtheorganization;or shown in the Declarations will not apply to glass(2)Any such organization that is an breakage if such glass is repaired,in a manner"insured"under any other liability acceptable to us,rather than replaced."policy"providing "auto"coverage.B.Transportation Expenses3.Any person or organization that you are Section III,Paragraph A.4.a.is revised,withrequiredbyawrittencontracttonameasanrespecttotransportationexpenseincurredbyyou,additional insured is an "insured"but only with to provide:respect to their legal liability for acts oromissionsof a person,who qualifies as an a.$60 per day,in lieu of $20;subject to"insured"under Section II –Who Is An b.$1,800 maximum,in lieu of $600.Insured and for whom Liability Coverage isaffordedunderthis policy. If required by C.Loss of Use Expenseswrittencontract,this insurance will be primary Section III,Paragraph A.4.b.is revised,withandnon-contributory to insurance on which respect to loss of use expenses incurred by you,the additional insured is a Named Insured.to provide:4.An "employee"of yours is an "insured"while a.$1,000 maximum,in lieu of $600.operating an "auto"hired or rented under acontractoragreementinthat"employee's" CNA63359XX Page 1of3Copyright,CNA Corporation, 2000.(Ed.04/12)Includes copyrighted material of the Insurance Services Office used with its permission.00020007560499510759557POLICY NUMBER: 6049951075 CNA63359XX(Ed.04/12) D.Hired "Autos"d.A $100 per occurrence deductible applies tothecoverageprovidedbythisprovision.The following is added to Section III.ParagraphA.:G.Diminution In Value 5.Hired "Autos"The following is added to Section III,ParagraphB.6.:If Physical Damage coverage is provided underthis policy,and such coverage does not extend to Subject to the following,the "diminution in value"Hired Autos,then Physical Damage coverage is exclusion does not apply to:extended to:a.Any covered "auto"of the privatea.Any covered "auto"you lease,hire,rent passenger type you lease,hire,rent ororborrowwithoutadriver;and borrow,without a driver for a period of 30daysorless, while performing dutiesb.Any covered "auto"hired or rented by related to the conduct of your business;your "employee"without a driver,under a andcontractinthatindividual"employee's"name,with your permission,while b.Any covered "auto"of the privateperformingdutiesrelatedto the conduct passenger type hired or rented by yourofyourbusiness."employee"without a driver for a period of30daysorless,under a contract in thatc.The most we will pay for any one individual "employee's"name,with your"accident"or "loss" is the actual cash permission,while performing dutiesvalue,cost of repair,cost of replacement related to the conduct of your business.or $75,000,whichever is less,minus a$500 deductible for each covered auto.c.Such coverage as is provided by thisNodeductibleappliesto"loss"caused by provision is limited to a "diminution infireorlightning.value"loss arising directly out ofaccidentaldamageand not as a result ofd.The physical damage coverage as is the failure to make repairs;faulty orprovidedbythisprovisionisequalto the incomplete maintenance or repairs;or thephysicaldamagecoverage(s)provided on installation of substandard parts.your owned "autos."d.The most we will pay for "loss"to ae.Such physical damage coverage for hired covered "auto"in any one accident is the"autos"will:lesser of: (1)Include loss of use,provided it is the (1)$5,000;orconsequenceof an "accident"forwhichtheNamedInsuredis legally (2)20%of the "auto's"actual cash valueliable,and as a result of which a (ACV).monetary loss is sustained by the III.Drive Other Car Coverage –Executive Officersleasingorrentalconcern. The following is added to Sections II and III:(2)Such coverage as is provided by thisprovisionwillbesubjectto a limit of 1.Any "auto"you don't own,hire or borrow is a$750 per "accident."covered "auto"for Liability Coverage while beingusedby,and for Physical Damage CoverageE.Airbag Coverage while in the care,custody or control of,any of yourThefollowing is added to Section III,Paragraph "executive officers,"except:B.3.:a.An "auto"owned by that "executive officer"orTheaccidentaldischargeof an airbag shall not be a member of that person's household;orconsideredmechanicalbreakdown.b.An "auto"used by that "executive officer"F.Electronic Equipment while working in a business of selling,servicing,repairing or parking "autos."Section III,Paragraphs B.4.c and B.4.d.aredeletedandreplacedbythefollowing:Such Liability and/or Physical Damage Coverageasisaffordedbythisprovision.c.Physical Damage Coverage on a covered"auto"also applies to "loss"to any (1)Equal to the greatest of those coveragespermanentlyinstalledelectronicequipmentaffordedanycovered"auto";andincludingitsantennasandotheraccessories. CNA63359XX Page 2of3Copyright,CNA Corporation, 2000.(Ed.04/12)Includes copyrighted material of the Insurance Services Office used with its permission. CNA63359XX(Ed.04/12) (2)Excess over any other collectible damage,against any person or organization forinsurance.whom or which you are required by writtencontractoragreementtoobtainthiswaiverfrom2.For purposes of this provision,"executive officer"us.means a person holding any of the officerpositionscreatedbyyourcharter,constitution,by-This injury or damage must arise out of yourlawsoranyothersimilargoverningdocument,activities under a contract with that person orand,while a resident of the same household,organization.includes that person's spouse.You must agree to that requirement prior to anSuch"executive officers"are "insureds"while "accident"or "loss."using a covered "auto"described in this provision.C.Concealment,Misrepresentation or FraudIV.BUSINESS AUTO CONDITIONS The following is added to Section IV,ParagraphA.Duties In The Event Of Accident,Claim,Suit Or B.2.:Loss Your failure to disclose all hazards existing on the dateThefollowing is added to Section IV,Paragraph of inception of this Coverage Form shall not prejudiceA.2.a.:you with respect to the coverage afforded providedsuchfailureoromissionisnotintentional.(4)Your "employees"may know of an"accident"or "loss."This will not mean D.Other Insurancethatyouhavesuchknowledge,unless The following is added to Section IV,Paragraphsuch"accident"or "loss" is known to you B.5.:or if you are not an individual,to any ofyourexecutiveofficersorpartnersoryour Regardless of the provisions of Paragraphs 5.a.insurance manager.and 5.d.above,the coverage provided by thispolicy shall be on a primary non-contributoryThefollowing is added to Section IV,Paragraph basis.This provision is applicable only whenA.2.b.:required by a written contract.That written(6)Your "employees"may know of contract must have been entered into prior todocumentsreceivedconcerningaclaim"Accident"or "Loss."or "suit."This will not mean that you have E.Policy Period,Coverage Territorysuchknowledge,unless receipt of suchdocumentsisknowntoyouorifyouare Section IV,Paragraph B.7.(5).(a).is revised tonot an individual,to any of your executive provide:officers or partners or your insurance a.45 days of coverage in lieu of 30 days.manager. V.DEFINITIONSB.Transfer Of Rights Of Recovery Against OthersToUs Section V.Paragraph C.is deleted and replaced bythefollowing:The following is added to Section IV,ParagraphA.5.Transfer Of Rights Of Recovery Against "Bodily injury"means bodily injury,sickness or diseaseOthersToUs:sustained by a person,including mental anguish,mental injury or death resulting from any of these.We waive any right of recovery we may have,because of payments we make for injury or CNA63359XX Page 3of3Copyright,CNA Corporation, 2000.(Ed.04/12)Includes copyrighted material of the Insurance Services Office used with its permission.00020007560499510759558 Endorsement Effective: Policy No.: Insured: WORKERS COMPENSATION AND EMPLOYERS LIABILITY INSURANCE POLICY WC 99 04 10 C (Ed. 01-19) WAIVER OF OUR RIGHT TO RECOVER FROM OTHERS ENDORSEMENT-CALIFORNIA BLANKET BASIS We have the right to recover our payments from anyone liable for an injury covered by this policy. We will not enforce our right against the person or organization named in the Schedule. (This agreement applies only to the extent that you perform work under a written contract that requires you to obtain this agreement from us.) The additional premium for this endorsement shall be calculated by applying a factor of 2% to the total manualpremium, with a minimum initial charge of $350, then applying all other pricing factors for the policy to this calculatedcharge to derive the final cost of this endorsement. This agreement shall not operate directly or indirectly to benefit anyone not named in the Schedule. Schedule Blanket Waiver Person/Organization Blanket Waiver – Any person or organization for whom the Named Insured hasagreed by written contract to furnish this waiver. Waiver Premium (prior to adjustments) This endorsement changes the policy to which it is attached and is effective on the date issued unless otherwise stated. (The information below is required only when this endorsement is issued subsequent to preparation of the policy.) Endorsement No.: Premium $ Insurance Company: WC 99 04 10 C Countersigned by ______________________________________ (Ed. 01-19) Job Description All CA Operations Oak River Insurance Company HAWC218483 5542.00 07/15/2021